If you weren’t wearing a helmet, you might be wondering whether that automatically puts you at fault or takes away your ability to file a claim. Insurance companies often lean into that assumption, but the law has a different take.
In Wisconsin, motorcycle helmets are strongly recommended for safety, but they are not legally required for riders who are 18 or older and properly licensed. Even if you were not wearing a helmet, you still have the right to pursue compensation if another driver caused the crash.
If you were injured while riding in Milwaukee, Madison, Appleton, or Green Bay, the focus of your claim is not whether you wore a helmet. It is whether another driver acted carelessly, failed to yield, was distracted, or otherwise caused the collision.
In Wisconsin, motorcycle helmet laws are limited. Riders and passengers under 18 and those riding with an instructional permit are required to wear helmets. For riders 18 and older with a valid license, helmets are optional.
That distinction matters. Choosing not to wear a helmet when you are legally allowed to do so is not, by itself, a violation of the law.
Yes. You can still file a motorcycle accident claim even if you were not wearing a helmet.
The most important question in any motorcycle case is what caused the crash, not what you were wearing. If another driver was speeding, distracted, failed to yield, or simply was not paying attention, you still have the right to pursue compensation for the harm they caused. That can include:
Helmet use does not change whether another driver acted negligently.
This is where things get more nuanced. Wisconsin follows a comparative negligence system. That means fault can be divided, and compensation can be reduced if someone’s actions contributed to their injuries.
In motorcycle cases, insurance companies sometimes argue that not wearing a helmet made injuries worse. For example:
In that situation, the argument is not that the rider caused the accident, but that they share some responsibility for the extent of their injuries. Even then, this does not automatically reduce compensation. It must be proven, and it is often disputed with medical and accident evidence.
Every case is different.
This is why these cases should not be decided by assumptions. They should be evaluated carefully, with facts, timing, medical records, and an understanding of how Wisconsin law is actually applied.
Motorcycle accident claims are already treated differently by insurance companies. When helmet use is added to the conversation, adjusters often push harder to minimize claims early on. At Natasha Misra Law, we focus on what truly matters:
Natasha stays personally involved in motorcycle injury cases, supported by a team with deep experience handling serious auto and motorcycle claims across Wisconsin. We take the time to explain your options clearly, answer your questions honestly, and push back when insurers oversimplify the law.
If you were injured in a motorcycle accident and were not wearing a helmet, do not assume you are out of options. You deserve to understand where you stand before an insurance company decides for you.
Contact us today to schedule a free consultation. Natasha Misra Law serves riders throughout Milwaukee, Madison, Appleton, and Green Bay.
We’re here to help you understand your rights and get back on your feet.
If you or someone you care about has recently been involved in a hit-and-run accident in Wisconsin, it's important to get a handle on the laws that come into play. This knowledge isn't just informative; it's your ticket to protecting your rights and responsibilities, and ultimately seeking justice against the party at fault.
Under Wisconsin Statutes section 346.67, drivers involved in motor vehicle accidents have the following duties:
Under Wisconsin hit-and-run accident laws, failing to stop at the accident scene constitutes a criminal offense. If a severe injury or death occurs due to the accident, it is a Class D felony punishable by imprisonment, fines, or both. Hit-and-run accidents that involve property damage are considered to be misdemeanors that carry penalties of fines and possible imprisonment.
Hit-and-run accident victims in Wisconsin often face specific hurdles when pursuing compensation for their damages and injuries. However, an experienced personal injury attorney can help assist in finding ways for victims to receive compensation for their injuries sustained in a hit and run accident. A personal injury attorney can assist in seeking recovery from the hit and run driver, open a claim with uninsured motorist coverage along with other ways.
The following is important in order to be able to recover money from a hit-and-run accident:
If you have been injured in a hit-and-run accident in Wisconsin, Natasha Misra Law can help investigate your case and pursue the compensation you need for your injuries and damages. Call us at (414) 210-3834 or schedule a consultation online today.
My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.
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